Common use of OF LEASE Clause in Contracts

OF LEASE. All work that is deemed necessary or desirable by Tenant to prepare the Premises for Tenant's continued use and occupancy shall be performed by Tenant, at its expense, and in accordance with plans and specifications approved in advance by Landlord, which approval shall be requested, granted and/or withheld all in accordance with Section 6.2.5 of the Lease (such approved work is referred to herein as "Tenant's Work"). All contractors, subcontractors, architects, engineers and project managers selected by Tenant for the performance of Tenant's Work shall first be approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Tenant agrees to employ for the Tenant’s Work a general contractor reasonably approved by Landlord in accordance with the preceding sentence. Tenant or Tenant’s general contractor shall maintain “builder’s risk” insurance covering Landlord and Tenant as their interests may appear, against loss or damage by fire, vandalism, malicious mischief and such risks as are customarily covered by a so-called Special Risk Policy to the full completed value of the Tenant’s Work. Tenant or its contractors shall submit certificates evidencing such coverage to Landlord prior to the commencement of any component of Tenant’s Work. All Tenant's Work shall be performed in good and workmanlike manner in accordance with all building codes and requirements of the Town of Burlington and all applicable laws and regulations of other governmental authorities having jurisdiction, and in compliance with all requirements of Section 6.2.5 of the Lease, and Landlord’s Construction Rules and Regulations attached hereto as Exhibit A. Prior to applying for any building permit, Tenant shall submit to Landlord architectural, electrical and mechanical construction drawings, plans and specifications ("Tenant's Plans") necessary for the Tenant's Work. Tenant's Plans shall be prepared by an architectural and engineering firm selected by Tenant and all costs and expenses of preparing Tenant's Plans shall be Tenant's sole responsibility. The requirements, terms and limitations contained in said 6.2.5 shall govern all aspects of Tenant’s Work, including the process for submission and approval of the Tenant’s Plans, provided, however, that Landlord’s approval of any interior installations or alterations visible from outside the Premises may be granted or withheld in Landlord’s sole discretion. Tenant hereby acknowledges and agrees that Landlord's review of, and Landlord's granting of its approval to, any plans and specifications submitted to it under this Amendment shall not constitute or be deemed to constitute a judgment, representation or agreement by Landlord that such plans and specifications comply with the requirements of any legal authorities or that such plans and specifications will be approved by the Town of Burlington. Landlord shall not charge Tenant any fees for construction review or supervision performed by or on behalf of Landlord in connection with Tenant's Work, provided, however, if Tenant requests that Landlord perform construction supervision, Tenant shall pay a construction management fee to Landlord’s agent, Nordblom Management Company, in the amount of 3% of the hard construction costs of Tenant’s Work. Tenant shall pay any and all actual, out-of-pocket third party fees and expenses incurred by Landlord in connection with review of Tenant's Plans, as needed.

OF LEASE. All work that is deemed necessary or desirable by Tenant FAILURE TO TIMELY RESPOND MAY RESULT IN DEEMED APPROVAL.” If Landlord does not respond to prepare the Premises for Tenant's continued use and occupancy said second notice within five (5) business days following receipt of said second notice, all such items submitted to Landlord shall be deemed approved. Tenant’s right to perform any improvements shall be conditioned upon Tenant’s obtaining all necessary permits and approvals for such work, and Tenants obtaining and providing Landlord with certificates of insurance evidencing specified insurance. All improvements performed by Tenantor for Tenant must conform to all laws, at its expense, and in accordance with plans and specifications approved in advance by Landlord, which approval shall be requested, granted and/or withheld all in accordance with Section 6.2.5 of the Lease (such approved work is referred to herein as "Tenant's Work"). All contractors, subcontractors, architects, engineers and project managers selected by Tenant for the performance of Tenant's Work shall first be approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Tenant agrees to employ for the Tenant’s Work a general contractor reasonably approved by Landlord in accordance with the preceding sentence. Tenant or Tenant’s general contractor shall maintain “builder’s risk” insurance covering Landlord and Tenant as their interests may appear, against loss or damage by fire, vandalism, malicious mischief and such risks as are customarily covered by a so-called Special Risk Policy to the full completed value of the Tenant’s Work. Tenant or its contractors shall submit certificates evidencing such coverage to Landlord prior to the commencement of any component of Tenant’s Work. All Tenant's Work shall be performed in good and workmanlike manner in accordance with all building codes regulations and requirements of the Town of Burlington Federal, State and all applicable laws Loudoun County governments but there shall be no construction standards on Tenant, such as building standard improvements, or any similar concept, except such as may be required by such laws, regulations and regulations of other governmental authorities having jurisdiction, and in compliance with all requirements of Section 6.2.5 of the Lease, and requirements. Landlord’s Construction Rules and Regulations attached hereto as Exhibit A. Prior to applying for any building permit, Tenant shall submit to Landlord architectural, electrical and mechanical construction drawings, plans and specifications ("Tenant's Plans") necessary for the Tenant's Work. Tenant's Plans shall be prepared by an architectural and engineering firm selected by Tenant and all costs and expenses of preparing Tenant's Plans shall be Tenant's sole responsibility. The requirements, terms and limitations contained in said 6.2.5 shall govern all aspects of Tenant’s Work, including the process for submission review and approval of the Tenant’s Plans, provided, however, that Landlord’s approval of any interior installations or alterations visible from outside the Premises may be granted or withheld in Landlord’s sole discretion. Tenant hereby acknowledges and agrees that Landlord's review of, and Landlord's granting of its approval to, any plans and specifications submitted or consent to it under this Amendment the performance of work described therein (if such consent is required hereunder) shall not constitute or be deemed to constitute a judgment, representation or an agreement by Landlord that such plans, specifications and work conform with all applicable Legal Requirements and requirements of the insurers of the Building nor deemed a waiver of Tenant’s obligations under this Lease with respect to Legal Requirements and insurance requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance with Legal Requirements or insurance requirements of such plans, specifications and work. If Landlord incurs third-party architectural or engineering fees and costs in the review of Tenant’s plans, Tenant will reimburse Landlord for the reasonable cost of such review. Tenant agrees to obtain and deliver to Landlord written, unconditional waivers of mechanics’ and materialmen’s liens against the Building and the Land from all proposed contractors, subcontractors, laborers and material suppliers for all work, labor and services to be performed and materials to be furnished in connection with improvements to the Premises, and to permit Landlord to post notices of non-responsibility within the Premises. Upon completion of the work, Tenant shall provide Landlord with final release of lien forms executed by all major contractors, subcontractors, laborers and materials suppliers. If, notwithstanding the foregoing, any mechanic’s or materialmen’s lien is filed against the Premises, the Building and/or the Land, for work claimed to have been done for, or materials claimed to have been furnished to, the Premises on Tenant’s account, such lien shall be discharged by Tenant within twenty (20) days after Tenant has notice thereof, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a surety bond in form legally sufficient to discharge the lien. If Tenant shall fail to discharge any such mechanic’s or materialmen’s lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including reasonable attorneys’ fees incurred in connection therewith) as Additional Rent payable with the next monthly installment of Base Rent falling due at least thirty (30) days thereafter; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. It is understood and agreed that any improvements to the Premises shall be conducted on behalf of Tenant, and that Tenant shall be fully responsible therefor. It is further understood and agreed that in the event Landlord shall give its written consent to the making of any improvements to the Premises (if such consent is required hereunder), such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises, the Building or the Land to any mechanic’s or materialmen’s liens which may be filed in connection therewith. Upon completion of any material improvements by Tenant, Tenant shall provide Landlord with as-built architectural plans showing the work and specifications comply electrical layout in a “CADD” format. The parties acknowledge that, subject to Tenant’s compliance with the requirements of any legal authorities or that such plans this Section 9.2 and specifications Landlord’s prior consent, which consent will not be approved by the Town of Burlington. Landlord shall not charge Tenant any fees for construction review or supervision performed by or on behalf of Landlord in connection with Tenant's Work, provided, however, if Tenant requests that Landlord perform construction supervisionunreasonably withheld, Tenant shall pay a construction management fee have the right to Landlord’s agentinstall additional emergency electrical generators and fuel storage tanks in areas outside the Building at grade level or below grade level that are mutually acceptable to Landlord and Tenant, Nordblom Management Company, in to install supplemental air conditioning systems within the amount Premises requiring the placement of 3% mechanical cooling systems on the roof of the hard construction costs of Building in areas mutually acceptable to Landlord and Tenant’s Work. Tenant shall pay any , to modify the existing sprinkler and all actuallife-safety systems, out-of-pocket third party fees and expenses incurred by erect bollards and/or other perimeter security measures in areas mutually acceptable to Landlord in connection with review of and Tenant's Plans, as needed.